Oklahoma Employment Law Update – July 2018

Medicinal Marijuana Legalized

On June 26, 2018, Oklahoma voters passed State Question 788 legalizing the licensed cultivation, use, and possession of marijuana for medicinal purposes.

According to the law, which will be located at Okla. Stat. tit. 63, § 425:

Unless a failure to do so would cause an employer to imminently lose a monetary or licensing related benefit under federal law or regulations, employers may not discriminate against a person in hiring, termination, or imposing any term or condition of employment or otherwise penalize a person based on his or her status as a medical marijuana license holder.

Employers may not take action against the holder solely based upon his or her status as a holder or the results of a drug test showing positive for marijuana or its components.

However, employers may take action against a medical marijuana license holder if he or she uses or possesses marijuana while in the workplace or during work hours.

According to the Medical Marijuana Control Program, located at Okla. Admin. Code 310:681-2-11, all smokable, vaporized, vapable, and e-cigarette medical marijuana and medical marijuana products ingested, smoked, or consumed by a license holder are subject to the same restrictions as those for tobacco under the state’s Smoking in Public Places and Indoor Workplaces Act.

Implementation of the law is uncertain. However, according to the state question, Okla. Stat. tit. 63, § 425 is effective July 27, 2018 (30 days after passage). According to the program’s regulations, applications for all licensing related to medical marijuana will be accepted at the end of August 2018. More will be provided as released by the state’s Medical Marijuana Authority.